A-29.011, r. 4 - Regulation respecting certain transitional measures relating to the calculation of average insurable earnings and to the earnings threshold for the purposes of parental insurance

Updated to 1 September 2012

This document has official status.

chapter A-29.011, r. 4

Regulation respecting certain transitional measures relating to the calculation of average insurable earnings and to the earnings threshold for the purposes of parental insurance

Act respecting parental insurance

(chapter A-29.011).

Act to amend the Act respecting parental insurance and other legislative provisions

(2005, chapter 13, ss. 102 and 105).

1. A person who, for the purposes of the payment of the benefits provided for in the Act respecting parental insurance (chapter A-29.011), requests that the Minister of Employment and Social Solidarity determine the average of the person’s insurable earnings on the basis of a period of not more than 26 consecutive weeks preceding the beginning of the person’s qualifying period, pursuant to the first paragraph of section 102 of the Act, excluding the weeks where insurable earnings are below $225, must meet the conditions set out in section 24.2 of the Employment Insurance Regulations (SOR/96-332) in order for that method of calculation of the rate of weekly benefits to apply.

The amount of the benefits established under sections 18 and 21 of the Act respecting parental insurance and the Regulation under the Act respecting parental insurance (chapter A-29.011, r. 2), is then increased by any amount necessary to enable the person to receive the equivalent of the aggregate amount of benefits to which the person would have been entitled under section 24.2 of the Employment Insurance Regulations.

O.C. 1103-2005, s. 1.

2. A person who, for the purposes of the payment of the benefits provided for in the Act respecting parental insurance (chapter A-29.011), requests that the Minister determine the average of the person’s insurable earnings on the basis of the 14 weeks involving the highest amount of insurable earnings from employment, pursuant to the second paragraph of section 102 of the Act, must meet the conditions set out in the Employment Insurance Act (S. C. 1996, c. 23) or its regulations in order for that method of calculation of the rate of weekly benefits to apply.

The amount of the benefits established under sections 18 and 21 of the Act respecting parental insurance and the Regulation under the Act respecting parental insurance (chapter A-29.011, r. 2) is then increased by any amount necessary to enable the person to receive the equivalent of the aggregate amount of benefits to which the person would have been entitled under the Employment Insurance Act or its regulations.

O.C. 1103-2005, s. 2.

3. For the purposes of section 105 of the Act, a recipient who receives earnings during a week of benefits may apply to the Minister for a deduction from the benefits payable of an amount corresponding to the fraction of the earnings received during that week in excess of $75, or in excess of 40% of the weekly benefits if they amount to $188 or more.

If the recipient would have been entitled to a raise in his or her earnings threshold under the Employment Insurance Act (S.C. 1996, c. 23) or its regulations, the amount of the benefits established under sections 18 and 21 of the Act respecting parental insurance (chapter A-29.011) and sections 41 to 43 of the Regulation under the Act respecting parental insurance (chapter A-29.011, r. 2) is increased by any amount necessary to enable the recipient to receive the equivalent of the aggregate amount of benefits to which the recipient would have been entitled under the Employment Insurance Act or its regulations.

O.C. 1103-2005, s. 3.

4. (Omitted).

O.C. 1103-2005, s. 4.

REFERENCES

O.C. 1103-2005, 2005 G.O. 2, 5063